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Although cyclists are often at risk while riding and are often hit, there are not as many citations and charges associated in bike accidents.
That’s what a recent New York Times report claims, in which various gathered anecdotes cite instances involving deadly bicycle accidents. Unfortunately, the author of the article, Daniel Duane, found that when many cyclists were hit, there were no charges made when vehicle drivers were at fault.

Car accident attorneys can help make sure that victims of vehicle accidents receive the highest amount of compensation for their suffering, which is why cyclists and their families should take legal action immediately after an accident.

Prosecutorial Discretion

According to the New York Times article, it is commonly agreed that when two automobiles collide, one of the drivers is at fault for the accident, but in spite of this charges still aren’t made in many instances unless a DUI or hit and run is involved. Another reason people don’t press charges is because of jury partiality, as juries often identify and sympathize with the drivers in bike vs. car accident cases.

Prosecutorial discretion occurs when prosecutors choose not to file charges or drop them for certain reasons. One of the most common reasons is because there isn’t as much evidence readily available as there is in most car crashes. Unfortunately, even if a car accident lawyer manages to recover compensation for victims, cases may not become those of criminal conduct.

Driver Liability in Bike Accidents

Many drivers may evade punishment issued by the justice system, but there are many cases that have resulted in millions of dollars in compensation awarded to injured cyclists and their families. Cases involving children who are injured or killed on bicycles are more likely to see drivers faced with criminal charges.

If you or your loved ones are injured or killed as a result of another driver’s negligence, there is something your family can do to prevent the person from causing more harm to others. Discuss bike accident cases with a car accident attorney today to learn more about your rights.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

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    - Cheryl Wagemann
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